1950-07-06 — Page 3

THE CHINA MAIL, THURSDAY, JULY 6,

Paro

Alleged conspiracy case:

DEFENCE OBJECTION TO 99 --RECORDING OVERRULED

Objection to recordings takon by the police in the Silva-Tem cose being admitted as evidence was raised by Mr. H. G. Sheldon, counsel for Mr. Marcus da Silva, at the third day hoor- ing of the case yesterday.

He also objected to the playing of these record- ings in open Court, which he said has no pre- cedent, and it was the first time in the his- tory of the British Empire that a recording was made, unknown to the person recorded. His objections were overruled by the Magistrate, Mr. J. Reynolds, who said the recordings would be accepted as exhibits, and as for their admissibility as evidence this can be argued in the Supreme Court.

Mr. Murcus da Silva und Mr. Tam Shuo-kwan are charge it with conspiracy to procure Talse evidence to the perver- sion of justice.

Regarding the playing of the recordings in court Mr. Sheldon sit there was no precendent for It next as far as I knew it war the first time in the history of the British Empire that a record- An additional charge was pre-lux was made unknown to the ferred ogalast them on the first: day of the trial on July 3. It is person who was recorded.

that they attempted to get Wi- Ham Henry Cowie to communit

that

"know of war trials in which recordings had been made by

to publish the contents of the

The other voice said: yes in Hong Kong only firew inonths before having a fearnor's driving licence.”

Cowle' was hoard to say: "This 1 not worth the paper written on."

Sum mentioned

It 14

The other voice said: "I'll go back to Mr. Silya," and Cowic said: "I'll nuko up my own statoment." A sum of $1,000 was iontioned. The other voice sold he would come back again to Inorrow and most probably there would be another adjournment.

Cowie was then heard to sny: "I'll make out statement between one and two o'clock." and also What bo considers efficient is hot what I consider efficient." Cowie was heard further to

អ៊”)' he did not like giving the state- meat as he didnt know the girl. "I don't know the girl, she's perfect stranger to the. I've got a very suspicious mind," Cowie was heard to say to the other

ninn.

Mr. T. R. Rowell, Director of Education, addressed the students at the, True Light Middle School, yesterday.

Tho occasion was the annual prize-giving-Harry Wong Photo.

Annual speech day at True Light Middle School

Education, presented diplomas and prizes of the annual speech day of the True Light Middle School yesterday. Mr. Rowell was also present.

that

The other voice said: "you were tyith the Trafie Polles before." jury by knowingly swearing fatre-ing the Voices recorded," said Mr. mentioned and nico: i heard Mrs. T.R. Rowell, wife of Hong Kong's Director of

in criminol

leave proceedings In Sheldon.

this with you." which Cheung Dik-cian stond

The conversation then ended. charged with manslaughter rind Mr. Reynolds sală In his view dangerous driving,

heit is admissible in evidence, un-with some salutation, and second (Cowle) had given the sald less authorities to the contrary accused left.

During the conversation in the Cheung Dik-chan instructions in are given. He pointed out this, motor-car driving and that to his issue could be fully argued in the early stages Cowie spoke in

Court Supreme

Chinese to someone outside on knowledge Cheung was a com-

Before the diplomas and be reflected in your own behavi petent

Mr. Sheldon then requested the the road. driver.

"After the conversation ended prizes were Mr. Silva is being defouled by Maglsirate to direct the Press not Cowie came into the bedroom and Rowell said It was not very the sentiments expressed in your distributed. Mr. our and that you will carry out Mr. H.G. Sheldon KC, Mr. Leo

Alinada KC, and Mr. D. A. L. recordings. He said it anything handed me a typed sheet of paper often

and also two 3500 notes," said Education comes to the Speech

the Director of magazine. was mentioned, it might be pre- Wright,

Instructed by Sir Man-udicial to the trial.

Mr. Cashman.

the Day and Prize giving of a Mr. Reynolds said he tndora.

"Mr. Tebbutt removed Mr. Tam Shno-kwai is defended

ed Mr. Sheldon's remarks, and pool from the wire recorder and Private School. by Mr. John McNeill KC, ta-

on the prosecution agreeing, he handed it to Mr. Maxwell who

"Indeed, I should think that the structed by Mr. C.Y. Kwan. asked members of the Press to rolled and sigried his name occasions could be counted on the K. ufter which he handed it to fingers of one hand. There are, the contents of the te The following morning,

bibved the record over to Cowle.

of course, reasons for this which The recordings

I need not go into at this moment wore then

or more he recognised both of the voices. schools in this Colony which re-

Continuing his evidence Mfr.ceive no Bnancial support

there ime Government and are Cashman said that at lunch time Go

kam Lo.

The prosecution is being con- ducted by Mr. A. Hootun Crown Counsel assisted by Mr. T. Cash- man, Assistant Director of Crl- minal Investigation.

refrain from publishing any. thing on recordings. Preceding with his evidente Mr. Cashinan said that on May

played to the court, and when 纱 In any great detail. Suffice it

Reminders

Today

Kowloon Rotary Clubs, lunchiem,

Peninsula Hotel, 12.30 pan.. Y's Men's Club of Hong Kong, lunch-meeting at Root GRE? den, IK Hotel, 12.45 pm.

Jack Club, tomboli, 7.80

Union in

HK Women's International Club, bathing plenie for Servicemen, busos leave Club at 0.80 p.m. and, 7.30 p.m.

Nine Dragons Services Club, Band

Call Broadcast, 8.10 pun Amateur Hour (with prizes) D p.m.

1K University 1850: Graduales Swimming Party, Union slied nt Middle Bay, 2 p.m.

St. Andrew's Club, entertainment

for Forces, 8 p.m. Women's Auxiliary, HK Society for Protection of Children, meeting at SCM Post board room, 10.30 a.m.

MIT Harvard Alumni Joint meet- ing, Chinese Bankers Club, Bank of East Asia; 1 pm.

Coming events

TOMORROW'

Union Jack Club. Whist Drive

(darice cancelled), 7.45 p.m. Nine Dragons Bervices

Tombola, 7.30 pan.

BATURDAY

Club,

St. Stephen's College, Prize-Gly-

Ing, at Stanley, 6 p.m. Cheero Services Club, tomboli,

7.30 pm.

Nino Dingons Services Club,

tombola, 7.30 p.m.

Robbery suspects committed

"By doing so you may be able to influence the selfials people and help to bring about a much need- ed Improvement all round. Many schools Ludny importance to book learning and attach too much pay loo little attention to those

Three unemployed Chinese subjects which are not academic. charged with possession of Education na we Understand thrée revolvers and a hand an tion for life after tehoot.

armed robbery, were commit- "To be able to enjoy lite it is ted to stand trial by Mr. James not only necessary to

Wicks at Kowloon yesterday.

Mr. Stvn k on ball of $10.000.24, at one o'clock in the_after. I was finished Mr. Cashman sald say that among the 400 11 to today menus a complele prépara- | grenude and committing

and Mr. Tam on ball of $25,000.

be able

to work but also to be able to enjoy one's leisure time and to have a healthy body for both."

Alleged armed robbers are committed

Lam Shing, aged 20; Chan Chau, aged 10: and Chan Hou, aged 24, were alleged to have robbed the. Tal Chung Lou restaurant, 18, Pak Tai Street, on May 10,

It was alleged that they had á meal at the restaurant after which they robbed, the manage- ment and eight customers.

A total of $1,495 in cash, three gold finger rings and Ave writ watches were said to have 'boeni taken.

Inspector P. Lows of Kowloon City police station prosecuted.

noon, he went to No. 7 Beltran Rood, taking with him the re- Recordings played corder with the spool in position,

and had it set up as before. He en June 1 he went to Ecifran called Private Schools, the True The whole of yesterday's pro-instructed Cowie to telephone to Road in his car. He left a Chi- Light School is one of the few ceedings was occupied with the Silva. The recorder was then gese detective No. 1107

Luk which are more interested in the taking of evidence given by switched on. Cowie spoke info wan at the Western end of education of the children than in Mr. Cashman and the playing the telephone, After the con- Beltran Rond, and he himself the fees which can be extracted

from them. of recordings taken on hyla in versation he turned off the cord. kept watch. atruction.

The recorder and induction At 1.25

The School has a long and p.m. le sirv car No. Mr. Cashman sald he received pad were removed and the re-HK040 draw up to No. 7 Beltran honourable history since its first Instructions

In the case on May 16,corder, with the spool in position, Road and stop. Second accused foundation in Canton. It has and on May 20, at 9.30 am. he was left in Cowie's bedroom. He got out and went Info No. 7. moreover a religious basis and it saw Cowle in his offlec. Together left the prembes and returned at About five minutes later he came is very evident that where edu

out from No. 7, got into his car cation and rel with Cowle he went to No. 7 Bei- 4.20 p.m.

religion are

properly fran Road at 9.45 .m. and there, After replacing the recorder) árki drove down Beltran Road combined, the school turns out with Cowie's permission, set up Cowie to ring up

and induction pad he instructed throughs Knight Street inta good citizens. Moreover, any Silva again. Prince Edward Road. Mr. Cash profits which this school makes are recorder with an Induction pad

to

the provision underneath the telephone. On the The recorder was switched on, man plcked up his defective and entirely devoted

and he saw Cowle speaking into followed second accused.

of more and better educational recorder he placed a spool.

"Second accused drove to. No. facilities. I am glad to say that Here Mr. McNeill objected to the telephone. After the con-

He left his there aro other schools in the the

recording being put in as versation ended, the recorder was 750.3 Nathan Rond.

switched off.

car there, and 1 stopped some Colony which adopt, this excellent evidence, and his objection was with recorder was then taken distance behind him. He wont principle but they are the excep- and committing an armed rob noted.

In reply to » question from Mr into Cowie's bedroom and both 1 into one of the houses near wherdom well aware of the vory {

flon rather than the rule. Hooton whether the spool was to fe recognised both volces one

conversations were played over. his car had stopped.

"I noticed that his driver was keen competion for places to Chan Sul, aged 22; Chang Hung, The men were Li Hung, allas be admitted as evidence, the wns of Cowle and the other of continually looking back.

schools in Magistrate said, the

the spool should

"After three or four minutes is in other #have known

Bilya for second accused left the address,

charged years. Joseph's College, and 1 am turning Into Prince Edward Road -familiar with his voice. I have j and up-to Belfran. Road...again, are not so high as they are in the have had In his possession on will bo-pubikhed-carly-in-Sep-

also had many cases in Court. He stopped at No. 7 Beltran Road have known him for 18 years, and went in.

"at went up Knight Street, leave sold Mr. Cashman, The next visit was on Maying the defective at the corner 28 when he went with

and waltet. Baxwell to Cowie's house, but noticed that second accused was "At a notice from the detective nothing occurred.

went again in his car again, this time sitting On May 31 he

be marked as an exhibit.

Mr. Cashman' then went on to oxplain the use of recorder, On

-spool is a lecture by Crown Counsel on offences against a per- son, He had used a wire recorder before. When a recorder is played over and over again it can be washed out, and a new recording made thereon.

Reverting to his visit to Cowie's

On a 20, Mr. Cashman

Silva,

Kong but so there

Four unemployed Chinese werd committed to stand trial by Mr. Blair-Kerr at Kowloon yesterday on five separate charges of poš- session of arms, conspiracy to rob, breach of deportation orders bory.

TECHNICAL COLLEGE

day

We were both at St. | got into his car, and drove or pic in for exam- 484 22; Fung Go, allas So Ha, the Press later in the month,

Mr.

on May he connected the induction with Mr. Maxwell to Cowie's in the rear, This time to drove

the induction pad and recorder were removed from the telephone.

standing here. Perhaps it is be- any more and talte a more realis cause the parents refuse to pay tic view of the matter.

Now school

with

terday.

large

The Northcote Training College entrance examinations will start on Monday, July 17.

Instructions will be sent to aps

Full particulars of the

Session 1850-81 will be published courses which will be run at the Technical College during the

but the Ices aged 28, and Wong Hung-you, it was officially announced yes in private school there aged 27.

First defendant was alleged to

Particulars of Evening Classor majority of schools of similar

May 24 a revolver which he hid tember. The Principal stated defendants, Ld was further alleged number of enquiries received. in Mapio Stroct.

Together with second and third individually to the vary

that it is not possible to reply

by the prosecution to have con- spired to commit a robbery,

He was additionally charged

NTC ENTRANCE fourth defendant with a EXAMINATIONS "Recently your Principal came breach deportation orders.

Fourth and second · defendant pald to the recorder, set the re- house, and there he, together down to Nathan Road via Nullhh to see me with plans for a new eorder off, and Instructed Cowie with Mr. Maxwell, Mr. Tebbutt Road. When I got down to Nathan school in Tal Hang Road and we were charged with committing an

Mandy Had a conference about . The armed robbery. to telephone to Silva's office. and Inspector Kaporvich. con- Bond I hly car

found

already After eculed themselves in Cowie's darked in front of No: 5 nice one and everything is ready on April 27, at 17 Cumberland pileants by post, Cowle dialled No. 21480.

plans are very good; the site is a 750-B

The prosecution alleged that that the recorder was shut off and bedroom

Nathan Road aguld. I wan to begin. There is one dimculty Road, accused robbed a 70-year-¦ ¦ Any applicant who does not alreddy aliend

i could not of him

receive his or her instructions Watched from window this and had to go down through and that is, as usual, money. The old storekeeper.

A total of 15 tins of cigaroltes should apply to the Clerk at Mongkok Road. I I noticed as sufficient funds are subscribed, and $75. in cash was slated to Northcote Training College, Bon- up in the room and attached to his

The wire recorder was sat passad second accused was not in not only will you have a ne hhvs been taken.

ham Road: car. When I returned his car At 1.25 pan on May 23, sald He

were two acts of carphones: had disappeared from No. 750-new school, but the primary do- Mr. Cashman, he received a call window of

partment-will be able to remain- frosti the Nathan Rood: I dropped my de- here and the smaller children not the bedroom, the tective and had a run around, and and went to Cowle's address. window of which was screened.

At 7.25 p.m. the second accused,

at the same tlino saw my

my offices

new one. In the first place. It-

the extension, of good and want to No. 7 Beltran schooling to larger

24

number of There I saw Cowle and children while in the second it the recording, and I also recog- being met at the top of the Tebbuli handed me two spools, I will mean merely the transfer of nised Silva's voice on the second steps by Cowie and being led played them over in the presence you children to a raw büliding... recording," said Mr. Cashman. Into the room.

of Cowle. One was carton

"Now I am as duxloum ús an

Any the other one to see more children in school, I wrote the word "Telephone.

especially in schools ilke yours, Here the court heard the two and so I wish your energetic recordings played, on the con Headmistress success in the great clusion of which Mr. Cashman efforts she is making to raise suf- and be recognised the volcos.

nelent

money to keep both schools odam. *

Any technical advice: she needs will be gladly given by my

The

tho

spool was left in position in recorder which he took into Cowie's bedroom.

When he got there the recorder

Kopt

watch

position

hhve

appears to be that if

so far to travel. "But if there are not, enough

was in position and the induction whom he had never seen beforsk. 040 pawing Bute Strands, this building will have to

pad was under the telephone. He entered the front gate. He wr#Tive' in the vidinity. I then be sold to help to pay for, the

glassci. Ho

took the recorder into the bed-wearing blue shorts and yellow room and there in Cowie's pre-shirt, and dark renee played over two recordings. watched him all the way, and

"I recognised Cowlo's voice on saw him mount the stairs, and 2% 2.25 P. I received a phone | will be

"On the second recording, ot Cowfe gave a signial;" and the with w wrling on on the commencement of the record, recorder was switched one there was another voice besides "I put on a pale of carphones, Silva's."

and Mr. Maxwell did the same, and I heard a conversation be tween Cuyle and this other man, I took notes of the conversation," shid. Mr. Cashman,

Mr. Cashman sald after playing bath recordings over he took the recorder and spool! back to his house. Cowie handed him two visiting cards.

Counsel's objection

Hore Mr. Cashman

a

Warrant of arrost

départment and my Inspector of

"On June 2 did you apply for Schools,, Miss Gray, ia on your

went to After

Good mannore";

his notes and told the court what ha heard of the conversation. a warrant of arrest for Silva: bullding advisory committee.

The other voice was heard to and Lo?". Baked, Mr. Hooton. Mr. Hooton at this point say: "I was to come, yesterday," Mr. Cashman said 'yes' and at Indicated he-wished to play and Cowie said "on Bunday he did 5 pm, that afternoon ho certain recordings but Hinot turn up." Then the others the Peninsula Hotel

laungu. Sheldon objected on the ground voice said: "That's Mr. Allva, three or four minutes Cowle came these recordings were not ad- ho's still in the office. The other in and sat at a table some missible as evidence. He saiu voice mentioned a phone call, away from bis. Another three or ha did not know if the Magla- and later it was beard to say, four minutes clapsed and the trate had arrived at any clearly "He gave nie a statement for you second accused, came in through defined ylewa: regarding the to sign, he gave me only one

He looked admissibility of the recording copy

and an evidérice.

Then thang whi" some

distance

main dock

dlagu-Arbund:

alon about the appointment book with Cowle and to other voice was heard 5.05 and PA10

"Your magazine shows how Importance letiffed fa paurtesy and' kindness, or what We call "good manners: THE world today seems to BITNO busy and everybody. In "Bush, a ̧ hurry', so, ust somewherd, that consideration for others is apt

(everyone for altitude. can be worst, in

to

BLOUSE OR SKIRT RACKS Ho askog mo to, arrat if I could all down, and after airtical ever pl

an interview with the the other line down sowie Introduced the Bure at bukkan93. buska

En Chaert, wench at your home at conquetes and Interview with the girl ide sa traße, og Evidis, Zizvot?

Der Bless. Befri, Hacks, will sale voice. ›ročiaroško,ultantkup,

to the betonu doctised, whiöth, he the streets, in shops, in Than: what":

called M. Lozin bed with and even in school, expoble at banging is writhm med zoading of a state ent was heardh him for a Law sotonde und I ask

thats

stauranta

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